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Lisa Page

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Lisa Page

Partner

Ean is a Partner in our Electronics & Software team, based in our Manchester office. He has a particular interest in telecoms, having spent the first few years in the profession working in-house for Nokia. He regularly handles subject matter ranging from RADAR systems, signal processing and digital systems to pipe couplings, medical devices and production equipment.

Ean jointly heads our Education sector team and works for a range of clients, including Universities (in the UK and abroad), global corporations and SMEs, operating in and around the Manchester area. He particularly enjoys working with up and coming companies, including spin-outs, helping them to identify and protect their intellectual property. He has experience of hearings before the UK and European Patent Office and frequently advises clients on contentious issues where their rights may be infringed or where they are accused of infringing the rights of others.

Before entering the patent profession, Ean spent several years working as a design engineer for Marconi and Motorola. This real-life commercial experience was invaluable and gives Ean an insight into some of the challenges faced by clients.

Ean was also mentioned in Managing Intellectual Property’s IP Stars guide in 2017 and described as a “problem solver” by a client.

Brexit

An overview

Brexit

Latest news

Brexit will have an effect on intellectual property (IP) rights. The nature of that effect may not be as dramatic as some have speculated but will be determined by the agreement now being negotiated between the UK Government and the European Union (EU). The situation is different for different IP rights.

Brexit has been delayed until 31 October 2019, subject to further negotiations.

Summary

While political uncertainty still clouds the manner and timing of Brexit, the position on IP rights remains as previously advised. The UK Government has issued some guidance on the likely impact on IP rights. Appleyard Lees is monitoring developments closely, but at this stage we do not recommend any immediate action.

European Registered Community Designs – Protection Continues – UK Rights will be Cloned

Pending EU Applications – Backdated Filings Possible for 9 Months

More Detail

European Patents – Not Affected

There will be no change. The European Patent (EP) system is independent from the EU. The UK will remain a full Member State of the European Patent Convention and patent protection in the UK can still be obtained via EP patents.

The rights of representation of patent attorneys at Appleyard Lees at the European Patent Office will not be affected by Brexit.

SPCs – Protection Framework Maintained

The UK Government is committed to maintaining the SPC system in and for the UK. Further details are awaited.

Existing EU TM Registrations will no longer cover the UK after Brexit. The UK Government has committed to “cloning” onto the UK trade mark register any existing EU Registrations. Cloning will be carried out automatically and at no charge. The UK Government is committed to this option even if there is a no-deal Brexit. Separate renewal fees will be required.

After Brexit, separate UK filings will be required alongside any EU applications.

The UK will remain a member of the Madrid Protocol and Paris Convention.

European Registered Community Designs – Protection Continues – UK Rights will be Cloned

The position for Registered Community Designs (RCDs) is similar to that for EU TMs. Rights will be cloned automatically and free of charge. The UK Government is committed to this option even if there is a no-deal Brexit.

After Brexit, separate UK filings will be required alongside any EU applications.

The UK will remain a member of the Hague Convention and Paris Convention.

Pending EU Applications – Backdated Filings Possible for 9 Months

Where applications for EU TMs or RCDs are still pending at Brexit, it will be necessary for parallel UK applications to be filed to cover the UK. In the event of a no-deal Brexit the UK Government is committed to providing Applicants with a 9-month period to file in the UK to maintain filing and/or priority dates in any pending EU applications.

In the event of a Brexit deal with a transition period then there may be more favourable provisions and EU applications may progress to registration in the transition period and be “cloned” onto the UK register.

As the deadline for the UK’s exit from the European Union approaches, the EU’s Community Plants Variety Office (CPVO) has issued a notice on Community Plant Variety Rights (CPVR) and Plant Breeder’s Rights (PBR).

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